9QZA-OLC-N-A-2232-09.pdf

9QZA-OLC-N-A-2232/09 11/19/08

DeniseRose Torres 415 522 2837 SEE BLOCK 20

GSA, FAS, General Procurement Branch, 9QZA 450 Golden Gate Ave, 4th Floor West San Francisco, CA 94102 fax 415 522 4009 email deniserose.torres@gsa.gov x

484220 x see delivery order (to be issued to awardee) see block 9 see delivery order (to be issued to awardee) see section B

PROPOSALS DUE 12/22/08 11:00am PST proposals may be mailed, fax or emailed but must be received by the proposals due date and time x x x x

REQUEST FOR QUOTE

9QZA-OLC-N-A-2232/09

Blanket Purchase Agreement for Fleet Delivery Services Nationwide (Pick-up in California, Nevada and Arizona)

CONTRACT PERIOD:

From contract award date to 09/30/09 followed by four (4) one (1) year options.

NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION

written requests for explanation or information regarding this solicitation should be directed to:

General Services Administration FAS, General Procurement Branch (9QZA) 450 Golden Gate Avenue, 4th Floor West San Francisco, California 94102

E mail: deniserose.torres@gsa.gov

Fax: 415 522 4009

IMPORTANT: ADDRESS ALL OFFERS, MODIFICATIONS AND CORRESPONDENCE TO THE ABOVE ADDRESS.

PRICE SCHEDULE

Please submit pricing in the table below.

The Government reserves the right to award one or multiple BPA(s).

The decision will be based on best value and on what is advantageous to the Government.

CCR requirements must be completed before submitting your proposal.

See Page 8 52.204-7 CENTRAL CONTRACTOR REGISTRATION

VEHICLE DELIVERY – Rate will be based on a mileage charge for each mile. Mileage will be calculated using MapQuest, calculated from point of pick up to point of delivery.

MapQuest does not necessarily provide route or mileage information internal to military installations. Therefore, MapQuest will be calculated from the pick up points to the front gate of the military installation, and the driver’s odometer reading from the front gate to the exact pick up location site. This odometer reading will be annotated on the invoice, as Internal Military Installation Mileage. Drivers must use the most direct route. GSA reserves the right to countercheck this mileage to determine accuracy. In the event it is determined to be less than that reported, GSA will notify the appropriate contractor to discuss change to their records and a possible credit for overcharge.

LOCATION UNDER 12,500 GVWR OVER 12,500 GVWR

Northern CA Fleet Management Center

Pick up points may be anywhere within the states of AZ, CA, or NV

$ _____ per mile

Arizona Fleet Management Center Pick up points may be

Central California Fleet Management Center Pick up points may be

STATEMENT OF WORK

FOR VEHICLE TRANSPORTATION SERVICES FROM PICK UP LOCATIONS WITHIN REGION 9

TO DELIVERY LOCATIONS OUTSIDE REGION 9

I. General

Throughout the year, the GSA Fleet Management Centers have an occasional need to have vehicles transported from various locations throughout California, Arizona, and Nevada to points across the CONUS United States.

The following figures and locations represent Fiscal Year 2008 vehicles that were transported, primarily using GBLs issued by the Transportation Division. These numbers are provided as information only and are not to be construed as guaranteed quantities under this solicitation.

Northern California Fleet Management Center: 0 Arizona Fleet Management Center 45 Central California Fleet Management Center 4

II. Background Information

Vehicle transport will be on a one-at-a-time basis, and requested and coordinated by the GSA Contracting Officer Technical Representative (COTR) or Fleet Service Representative (FSR). Acceptable forms of transportation include drive away or multiple vehicle transportation conveyance. Services under this contract will only be paid for vehicle movement.

Empty runs to pick up locations and or empty runs from drop off locations are not chargeable.

Typically the consignee location that is expecting delivery of new vehicles, has the parking for a transporter, and is open during normal working hours.

III. Operational Specifics

Pick up locations are open dependent on each location’s preference. Typically, they are available between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding Federal holidays.

Destination locations are open dependent on each location’s preference. Typically, they are available between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding Federal holidays.

If the vehicles are transported via drive away method, the contractor is responsible for all fuel charges.

COTR or FSR will provide a minimum of a 24-hour notice for vehicle transportation requests.

IV. Scope of Services to Be Requested

Provide vehicle transport to specified location within 3 to 5 days of notification from the GSA point of contact that the vehicle is ready for transport.

Provide 24-hour notice to both the pick up point of contact and the delivery point of contact.

All transfers of vehicles and controlled items (credit cards, Government license plates) require signature of receipt. This will be accomplished through written entry on the GSA Vehicle Accountability Form. Credit card will be entered in one of the Other blocks, while Government license plate(s) will be entered on the Number of GOV License Plates line provided.

The purpose of a thorough inspection is to provide an accurate assessment of the vehicle condition: Interior (use Other line), Exterior, Glass and operability. Damage identified at the receiving end that is not noted on the Vehicle Accountability Form will be determined to be the fault of the transporter. The Vehicle Accountability Form MUST be signed by the releasing official, transporter, and receiving point of contact. Damage found on the vehicle by the vehicle receiving point of contact that is not indicated on the GSA Vehicle Accountability Form after signing and releasing the transporter will be considered the fault of the delivery location, and reported to COTR or FSR immediately.

Upon completed transportation (within 24 hours), the transporter will provide vehicle delivery documentation to COTR for which the transportation order was made. Failure to provide required documentation will result in payment delays. GSA will not process invoices for payment until all documentation is in order.

V. Award Requirements

1. Successful offerors should have Electronic Funds Transfer (EFT) capability. Electronic Data Interface capability is desired, but not mandatory.

2. Successful offerors shall comply with all state, local, and municipal laws and ordinances.

3. Offerors should be able to begin contract performance within 7 days after contract award.

4. The risk of loss of vehicles under the care of the contractor shall be the contractor’s responsibility.

5. FAR 52.228-10 Vehicular and General Public Liability Insurance (Apr 1984)

(a) The Contractor, at the Contractor’s expense, agrees to maintain, during the continuance of this contract, vehicular liability and general public liability insurance with limits of liability for—

(1) Bodily injury of not less than $200,000.00 each person and $500,000.00 for each occurrence; and

(2) Property damage of not less than $20,000.00 for each accident and $1,000,000.00 in the aggregate.

(b) The Contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

VIII. APPLICABLE WAGE DETERMINATIONS

Full Text of Wage Determinations can be found at www.wdol.gov Only the revisions as listed below are applicable to this RFQ.

State of California

Wage Determination No.: 2005-2051 Revision No.: 6 Date Of Revision: 05/29/2008 California Counties of Alameda, Contra Costa

Wage Determination No.: 2005-2055 Revision No.: 7 Date Of Revision: 05/29/2008 California Counties of Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, Yuba

Wage Determination No.: 2005-2067 Revision No.: 6 Date Of Revision: 06/12/2008 California Counties of Calaveras, San Joaquin, Stanislaus, Tuolumne

Wage Determination No.: 2005-2045 Revision No.: 7 Date Of Revision: 05/29/2008 California Counties of Fresno, Madera, Mariposa, Merced

Wage Determination No.: 2005-2057 Revision No.: 7 Date Of Revision: 05/29/2008 California Counties of Imperial, San Diego

Wage Determination No.: 2005-2073 Revision No.: 8 Date Of Revision: 06/11/2008 California Counties of Inyo, Kings, Tulare

Wage Determination No.: 2005-2043 Revision No.: 8 Date Of Revision: 05/29/2008 California County of Kern

Wage Determination No.: 2005-2333 Revision No.: 6 Date Of Revision: 05/29/2008 California Counties of Lassen, Mono

Wage Determination No.: 2005-2047 Revision No.: 7 Date Of Revision: 05/29/2008 California Counties of Los Angeles, Orange

Wage Determination No.: 2005-2059 Revision No.: 7 Date Of Revision: 05/29/2008 California Counties of Marin, San Francisco, San Mateo

Wage Determination No.: 2005-2049 Revision No.: 8 Date Of Revision: 06/16/2008 California Counties of Monterey, San Benito

Wage Determination No.: 2005-2069 Revision No.: 6 Date Of Revision: 05/29/2008 California Counties of Napa, Solano, Sonoma

Wage Determination No.: 2005-2053 Revision No.: 8 Date Of Revision: 05/29/2008 California Counties of Riverside, San Bernardino

Wage Determination No.: 2005-2063 Revision No.: 6 Date Of Revision: 05/29/2008 California Counties of San Luis Obispo, Santa Barbara

Wage Determination No.: 2005-2061 Revision No.: 6 Date Of Revision: 05/29/2008 California Counties of Santa Clara, Santa Cruz

Wage Determination No.: 2005-2071 Revision No.: 8 Date Of Revision: 05/29/2008 California County of Ventura

State of Arizona

Wage Determination No.: 2005-2331 Revision No.: 6 Date Of Revision: 06/12/2008 Arizona County of Mohave

Wage Determination No.: 2005-2023 Revision No.: 9 Date Of Revision: 05/29/2008 Arizona Counties of Apache, Coconino, Gila, Maricopa, Navajo, Pinal, Yavapai

Wage Determination No.: 2005-2025 Revision No.: 7 Date Of Revision: 06/09/2008 Arizona Counties of Cochise, Graham, Greenlee, Pima, Santa Cruz

Wage Determination No.: 2005-2027 Revision No.: 10 Date Of Revision: 05/29/2008 Arizona Counties of La Paz, Yuma

State of Nevada

Wage Determination No.: 2005-2333 Revision No.: 9 Date Of Revision: 05/29/2008 Nevada - All Counties except : Clark, Esmeralda, Lincoln, Nye

Wage Determination No.: 2005-2331 Revision No.: 6 Date Of Revision: 06/12/2008 Nevada Counties of Clark, Esmeralda, Lincoln, Nye

IX. OTHER REQUIREMENTS AND CLAUSES

52.204-7 Central Contractor Registration (ARP 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to

(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

52.204-8 Annual Representations and Certifications. (Jan 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 484220

(2) The small business size standard is $23,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number,title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision)

552.229-70 Federal State and Local Taxes (Apr 1984)

The contract price includes all applicable Federal, State and local taxes. No adjustment will be made to cover taxes which may subsequently be imposed on this transaction or changes in the rates of currently applicable taxes. However, the Government will, upon the request of the Contractor, furnish evidence appropriate to establish exemption from any tax which the Government is exempt and which was not included in the contract price.

52.232-1 Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if- (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

52.232-8 Discounts for Prompt Payment (Feb 2002)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

52.222-41 Service Contract Act of 1965, as Amended. (Nov 2007)

(a) Definitions. As used in this clause— “Act” means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

“Contractor,” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon.

Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits.

Such determination shall be made part of the contract or subcontract, in accordance with the decision of the

Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Act—

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor’s or subcontractor’s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor’s certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman’s rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981.

To use this provision—

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

(t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov.

52.203-3 Gratuities (APR 84) 52.203-5 Covenant Against Contingent Fees (APR 84) 52.203-6 Restriction on Subcontractor Sales to the Government (SEP 06) 52.203-7 Anti-Kickback Procedures (JUL 95) 52.222-3 Convict Labor (JUN 03) 52.222-4 Contract Work Hours and Safety Standard Act – Overtime Compensation (JUL 05) 52.222-26 Equal Opportunity (MAR 07) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (SEP 06) 52.222-36 Affirmative Action for Handicapped Workers (JUN 98) 52.222-37 Employment Reports on Special Disabled and Vietnam Era (SEP 06) 52.223-6 Drug Free Workplace (MAY 01) 52-225-1 Buy American Act – Supplies (JUN 03) 52.232-25 Prompt Payment (OCT 08) 52.233-1 Disputes (JUL 02) 52.233-3 Protest After Award (AUG 96) 52.243-1 Changes – Fixed Price (AUG 87) 52.246-1 Contractor Inspection Requirements (APR 84) 52.246-4 Inspection of Services – Fixed Price (AUG 96) 52.249-8 Default (Fixed Price Supply and Service) (APR 84) 52.249-4 Termination for the Convenience of the Government (Services)(Short Form) (APR 84)

COMPLETE AND SUBMIT THIS FORM WITH YOUR PROPOSAL

CONTACT FOR CONTRACT ADMINISTRATION:

Offerors are requested to designate a person to be contacted for prompt contract administration:

NAME:

TITLE:

ADDRESS:

PHONE NUMBER:

FAX NUMBER:

E MAIL:

CONTRACTOR’S REMITTANCE (PAYMENT) ADDRESS:

Offeror shall indicate below the payment address to which Government checks should be mailed for payment of proper invoices submitted under any resultant contract. If the remittance (payment) address is the same as the Offeror address at Block 17a on Standard Form 1449 of this solicitation, the Offeror shall check the box next to “Remittance address is the same as that shown at Block 17a on Standard Form 1449” If the remittance address differs from an order placement address (other than Offeror address) the order placement address must be shown below.

REMITTANCE ADDRESS

or

“Remittance address is the same as that shown at Block 17a on Standard Form 1449”

ORDER PLACEMENT ADDRESS

or

“Order placement address is the same as the Remittance address”

All offerors are cautioned that if the remittance (payment) address shown on all actual invoice differs from that shown above, the address above will govern. Payment to any other address will require an administrative change to the contract.

OTHER CONTRACTOR INFORMATION:

TIN NUMBER:

DUNS NUMBER: